I currently work for one company in a group. The owners of the group have decided to make the JHB company dormant and run the business on the Highveld from their Cape Town company and operate a branch in Jhb. The staff have been advised that certain members will be offered positions with the "branch" with other members being offered positions in another of their companies in Jhb. In the event of neither the company or the branch offering someone a position, these members of staff will be retrenched.
My question relates to commissions due: Commission is paid on a profit share basis and is only due once the project is finished and the nett profit has been determined. I need to know where I stand with claiming commission on work that will be only be completed after the changeover has taken place. The other problem is that some of the work has been outsourced to the remaining company and if I decide to go across to the new branch, I don't see that I will be able to claim the commission due.
Commission earners seem to always be "done in" due to: "final payments not being made, jobs not being completed by the time they move on, jobs not reaching the requisite nett or gross profit" as well as any number of other excuses. What rights does a commission earner have in terms of non payment?